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HomeMy WebLinkAbout2311ORDINANCE NO. 2311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE II, CHAPTER 6, PART 7 OF THE ARCADIA MUNICIPAL CODE BY REPEALING SECTION 2671.5 AND AMENDING SECTION 2671.6 RELATING TO GAS, WATER AND ELECTRIC UTILITY USERS TAX RATES; AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2671.5 of Article II, Chapter 6, Part 7 of the Arcadia Municipal Code relating to Suspension of the Water Tax is hereby repealed in its entirety. SECTION 2. Section 2671.6 of Article II, Chapter 6, Part 7 of the Arcadia Municipal Code relating to gas and electric utility users tax is hereby amended to read as follows: 2671.6. — ADJUSTMENT TO OR SUSPENSION OF A PORTION OF- THE UTILITY USERS TAX RATE. 1 1 1 MIN 1 1 , GRe OF meFe being f9F diffeFent perieds than aRGtheF, the Fate set fGiFth in this Fate shall arise sepaFately fGF eaGh billing periGdl-. The utility users tax shall be reviewed annually by the City Council and the City Council may, by ordinance or resolution, adjust the rate or temporarily suspend all or a portion of the tax, as appropriate to the financial condition of the city. No adjustment to the rate or temporary suspension of the tax shall constitute a decrease in a tax, or an increase in a tax requiring voter approval under California Constitution Article XIIIC (Proposition 218); provided the City Council's action does not increase the tax beyond the maximum rate or methodology set forth in this voter - approved ordinance. To the extent that any aspect of a rate adjustment or temporary tax suspension is found to invoke such a requirement under Proposition 218, the entire City Council action shall be deemed null and void ab initio, and there shall be no entitlement to adjustment or suspension for any service user." 2 SECTION 3. Pursuant to Section 419(c) of the City Charter, this Ordinance fixes the rate of taxation within the City and, therefore, takes effect immediately upon adoption. SECTION 4. Pursuant to Arcadia Municipal Code, Section 2671.6, because this Ordinance makes adjustments to gas, water and electric utility users taxation rates within the 7% maximum rate previously approved by Arcadia voters in 2009, no further voter approval or other action is required to make the adjustments set forth herein. The City Council hereby reserves the authority to make future adjustments to utility users taxation as provided in Section 2671.6. SECTION 5. Pursuant to Public Utilities Code, Section 799(a)(5), the City Council hereby directs staff to provide to affected utility suppliers written notice of the rate adjustments made by this Ordinance along with all requisite supporting information. Under Section 799(a)(5), affected utility suppliers are required to collect utility users tax from utility users /customers at the newly adjusted rate not earlier than 60 days from the date on which the affected utility suppliers receive the written notice and information from the City, or if the 60th day is not the first day of a month, on the first day of the month following the month in which the 60th day occurs. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City within fifteen (15) days upon its adoption. [SIGNATURES ON THE NEXT PAGE] 3 Passed, approved and adopted this 2nd day of July , 2013. ATTEST: `Ci4ler APP_ ROVED AS TO FORM: 1; Step en P. Deitsch City Attorney 4 or of the City of Arcadia Tempore STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2311 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of July, 2013 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Harbicht, Kovacic and Wuo NOES: Council Member Amundson ABSENT: Mayor Segal 41 i y rk of the City of Arcadia